Bombay High Court
Vedantaa Institute Of Medical Science ... vs State Of Maharashtra Thru. Dept. Of ... on 11 November, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
918-WP-15047-2025-(C).odt
SUNNY
Digitally signed
by SUNNY
ANKUSHRAO
ANKUSHRAO THOTE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
THOTE Date: 2025.11.13
10:20:12 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 15047 OF 2025
Vedantaa Institution of Medical Science & Ors. ...Petitioners
Versus
The State of Maharashtra & Ors. ...Respondents
Mr. V.M. Thorat a/w Ms. Isha Patil i/by Mr. M.V. Thorat, Advocate
for the Petitioners.
Mr. P.P. Kakade, Addl. G.P. a/w Mr. Abhijeet Naik, AGP for
Respondent Nos.1 & 2/State.
Mr. Ganesh Gole a/w Mr. Bhavin Jain, Advocate for Respondent
No.4/NMC.
Mr. Sameer Khedkar a/w Ms. Bharti Gerella, Ms. Mayuri Andhale,
Advocate for Respondent No.5/CET Cell.
CORAM : RAVINDRA V. GHUGE
&
ASHWIN D. BHOBE, JJ.
DATE : 11th NOVEMBER, 2025
P.C. :-
1. On 7th November, 2025, after hearing the learned
Advocates for the respective sides, we had passed the following
order :-
"1. We have perused the order dated 25th
October, 2024 passed by this Court in Writ Petition
No.12646 of 2024 and the order dated 13th December,
2024 passed by the Hon'ble Supreme Court in Special
Leave to Appeal (C) No(s). 28901 of 2024, by which
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the Special Leave to Appeal filed by the National
Medical Commission, has been dismissed. The
Petitioner was granted liberty to move an application
before this Court for an early hearing. Neither the
National Medical Commission, nor the Original
Petitioner, who has again preferred the present
Petition, have moved an application before this Court
for an early hearing in Writ Petition No.12646 of 2024.
2. The learned Advocate representing the
National Medical Commission submits that in the
present Petition filed by the same Petitioner, as like the
earlier one filed last year, he would take instructions as
to how the National Medical Commission would react
in the light of the contentions set out in the present
Petition.
3. List this Petition on 11th November, 2025, in
the 'Urgent Supplementary Board'."
2. This Petition pertains to the cause of action as emerging
in relation to the admissions under the NEET-UG-2025 admissions
process to the Health Science Courses, for the academic year 2025.
In an identical situation, the same present Petitioners faced an
identical situation with regard to admitting students through the
institutional grounds (also termed as stray vacancy rounds) in 2024.
They preferred Writ Petition No.12646 of 2024. By an order dated
25th October, 2024, this Court [Coram : A.S. Chandurkar (as His
Lordship then was) & Rajesh S. Patil, JJ] passed the following
order:-
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"1. The challenge raised in this writ petition is to the
validity of Clause 11.1.9 of the Admission Brochure
published by the State CET Cell with regard to
admissions under NEET-UG-2024 to the extent, it
prohibits an Institution for filling in vacant seats at the
Institutional Level Round.
2. The learned counsel for the petitioners by referring
to Rule 16 of the Maharashtra Unaided Private
Professional Educational Institutions (Regulation of
Admission to the Full Time Professional
Undergraduate Medical and Dental Courses) Rules,
2016 (for short, "Rules of 2016") submits that seats
remaining vacant at the end of all CAP Rounds are
permitted to be filled in by the Institution through
Institution Level Round with the prior approval of the
Competent Authority. Since Rule 16 entitles such
vacant seats that remain at the conclusion of all CAP
rounds to be filled in by the Institution after conducting
an Institutional Level Round with the prior approval of
the Competent Authority, Rule 11.1.9.1 which prohibits
filling in of such vacancies through an Institutional
round is liable to be struck down. The said prohibition
is in view of Circular dated 24/07/2023 that has been
issued by the fourth respondent, National Medical
Commission-NMC. Referring to the said Circular, it is
submitted that the NMC has no authority in law to
impose such restriction as it has no power to regulate
admissions. In that regard, he referred to Schedule-VII
of the Constitution of India, Union List Entry 66 and
Concurrent List-Entry 25. He referred to the
observations of the Supreme Court in paragraph 101 of
the decision in Modern Dental College and Research
Centre and Others Vs. State of Madhya Pradesh and
Others, (2016) 7 SCC 353 to submit that in the matter
of admission of students for undertaking medical
education, the relevant entry was Entry 25 of the
Concurrent List. Referring to a similar situation that
had arisen during academic year 2023-24 it was
submitted that the State CET Cell on 26/09/2023 had
permitted such vacant seats to be filled in at the
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Institutional Level. Though the NMC had proceeded to
issue a notice dated 18/10/2023 stating therein that the
notice dated 26/09/2023 issued by the State CET Cell
was in violation of the Circular dated 24/07/2023, the
admissions of students undertaken on the basis of
notice dated 26/09/2023 were protected by the Supreme
Court by passing an interim order. If at the end of all
CAP rounds, some seats were vacant and were not
permitted to be filled in, same would cause irreparable
loss without any legal justification. The admissions to
be undertaken at the Institution Level were on the basis
of merit and through online process. It was thus prayed
that the petitioners were entitled for interim relief.
3. This prayer was opposed by the learned counsel
appearing for the respondent no.4-NMC. According to
him, by virtue of the Circular dated 24/07/2023 such
vacant seats could not be filled in by conducting
Institutional Level Round. He referred to the affidavit
in reply filed on behalf of the NMC and especially
paragraph 112 thereof. He also referred to the decision
in Baharul Islam and Others Vs. Indian Medical
Association and Others (2023) SCC OnLine SC 79 to
submit that the contentions raised by the petitioners
could not be accepted. As regards, the interim relief
granted by the Supreme Court in the last academic
year, it was submitted that it was the students who had
approached the Supreme Court and not any Institution.
He therefore submitted that no interim relief ought to
be granted.
4. Prima facie, we find that in view of Entry 25 in the
Concurrent List, the regulation of education including
medical education could be undertaken by the Union
as well as the State. This issue has been considered by
the Supreme Court in Modern Dental College and
Research Centre (supra) wherein it is held that in the
matter of education including admission, the State
Legislature has the necessary power by virtue of Entry
25 of the Concurrent List. It is pertinent to note that
Rule 16 of the Rules of 2016 as framed by the State
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Legislature permits filling in of vacant seats after all
CAP Rounds are over by an Institution through an
Institutional Level Round. The State Legislature in
view of Entry 25 of the Concurrent List was entitled to
frame the said Rules. On the other hand, the Circular
dated 24/07/2023 issued by the NMC is in the form of
an Executive Instruction. The same cannot operate in
the manner that would run counter to Rule 16 of the
Rules of 2016 unless the primary legislation being the
National Medical Commission Act, 2019 is amended.
In the academic year 2023-2024, the CET Cell had
permitted such vacant seats to be filled in at the
Institutional Level. It is true that a co-ordinate Bench
to which one of us (A. S. Chandurkar, J) was a party in
its judgment dated 10/11/2023 Writ Petition No.7223 of
2023 (Saniya Fatima Rahman d/o Mohd. Naeemur
Rahman & Anr. Vs. The National Medical Commission
& Ors.) had held the communication dated 18/10/2023
issued by the Under Graduate Medical Education
Board, New Delhi to be valid, which communication
had disapproved the notice dated 26/09/2023 issued by
the State CET Cell, the Circular dated 24/07/2023
issued by the NMC was not under challenge therein. In
the present case, there is a specific challenge raised to
the Circular dated 24/07/2023.
5. In that view of the matter by adopting the course
that was followed in the previous academic year 2023-
2024, it is directed that the respondent nos.1 and 2
alongwith respondent no.5 shall take necessary steps to
act in accordance with Rule 16 of the Rules of 2016 to
enable the seats remaining vacant after all CAP rounds
are over to be filled in by the Institution through an
Institutional Level Round with the prior approval
Competent Authority. To enable such steps to be taken
and to indicate the further course of action, list the
writ petition on 29/10/2024 so as to enable the said
respondents to place before the Court the steps taken
by them in compliance with the aforesaid directions.
6. Parties to act on authenticated copy of this order."
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3. The National Medical Commission approached the
Hon'ble Supreme Court in Special Leave to Appeal (C) No(s).
28901 of 2024. The said proceedings were taken up on 13th
December, 2024 and the Hon'ble Supreme Court passed the
following order :-
"1. Since this petition arises purely out of an
interlocutory order, we are not inclined to entertain the
present petition. The special leave petition is,
accordingly, dismissed.
2. However, while deciding the petition on merits, the
High Court would not be influenced by the
observations made in the impugned order.
3. Liberty is granted to the Petitioner to move an
application for early hearing before the High Court.
4. Pending application(s), if any, shall stand disposed
of."
4. As recorded in our order dated 7 th November, 2025,
neither the National Medical Commission, nor the present
Petitioners moved a specific application before this Court praying
for a final hearing in the pending Writ Petition No.12646 of 2024.
The present Petition has been filed by the Petitioner/Management in
identical set of facts as are noticed in Writ Petition No.12646 of
2024.
5. In view of the above, since this Court had earlier
granted relief in identical circumstances vide order dated 25 th
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October 2024, we are constrained to pass the same order in view of
the observations of this Court in Paragraph Nos.4 and 5 of the order
dated 25th October, 2024. The directions issued in the said order
would squarely apply as ad-interim relief in the present Petition as
well.
6. Let the Respondents enter their affidavits in reply, on or
before 10th December, 2025. Rejoinder affidavit, if any, be filed on
or before 23rd December, 2025.
7. List this Petition, along with Writ Petition No.12646 of
2024, on 8th January, 2026, for a 'Final Hearing at Admission
Stage'.
8. All office objections in both these Petitions to be
removed on or before 10th December, 2025, failing which, the
Petitions would stand dismissed without reference to the Court, on
11th December, 2025.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)
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